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Home My WebLink About1962 TOWN MEETING ZONING BY-LAW NORTH ANDOVERTOWN OF NORTH ANDOVER ~VIASSACHU SETTS ~h'. John Jo Lyons,, Town North Andover, Maes. Ma7 8, The following petition was heard at a meting of the Fla~ni~ Boar~ on Wednesday evening, ApeS1 25, 19~2 at the Te~n 0ffSee Building. Members present and voting were; James M. Barman, Chairman, Robert J. Burke, Seereta~y; Howard L. Gilmn, George Fable7 and Willta~ Chepulie' Jr. Nazaire Glard Petiti~ed to amend ~he North A~dover Zoning BF-Law and the Zoning Map of the Town b2 ahar~ f~a Cou~t~ RestdentiaX Zone to Village Residential Zone a parcel of land off Massachusetts Avenue in the area between Woodstock Street, Wood Lane, Mart~n Avenue and Baoon Avenue. Artec-ney John J. Willie ~epresented the petitl~r~r. Ther~ ~ ap~ o~ly fif~ (1~) ~ople ~esent. ~e~e ~$ no oppositi~ to ~ ~titi~. ~ ~ard voted aa follow; ~. F~ley ~ a mott~ to AP~O~ t~ petitl~ ~d ~. ~ke seceded ~ The Board approved this pet[tt_eo__ beeause it believes that the r~-~c~ing of ~his area ie for the general good of the Tow~ of North Andover. It is not detrimental to the health, safety and general welfare of the ne ighbe~h~od, P~O BO~ N~ ~~. A ~e co~: ~e abo~ ~n ~e all d~y elec~d and qualified members of the Nor~ ~over PI~. Board. Following is an outline of the necessary papers to be furnished to the Attorney General when by-laws are submitted under the provisions of G.L. (Ter. Ed.) chapter 40, section 32. In addition, are some observations regarding the statutes and case law relative to these matters. Quite likely you may already be familiar with some or all of these. OUTLINE All papers must be attested or certified by the Town Clerk under seal of the town. Only the by-laws themselves and any zoning maps, to be ap- proved by the Attorney General, must be in duplicate. Please state the dat0 and the manner by which notice of the warrant was given to the citizens, and whether the notice complied with the by-law as to said notice, and submit a copy of the articles in the warrant under which the by-laws were adopted. The number of votes in the affirmative and the number in the negative should also be reported. Please state whether or not there was a quorum at the town meeting at which action was taken. In case of a zoning by-law, submit maps in file size (not larger than about 24" x 36", preferably smaller) with proper legends showing the areas of existing zoning districts. '~e changes to be made by amendment should be shown in color and be labeled by article number. The map should be attested, under seal, as being the zoning map of the Town. In cas~ of a zoning by~law, please furnish ~ copy of.the notice of the public hearing and the date of publiC hearing by the Planning Board, or, in the absence of a Planning Board, by the Board or Committee authorized by General Laws, chapter 40A, section 6. See c. 317 of Acts of 1959, re notice of hea~fng. If a report of the Planning Board was made, this r~port should give detailed reasons upon which recommendations are based. It must show that no material amendments were made at the hearing of the proposed by-laws as sub- mitted in the notice to the citizens; it must be signed by the Planning Board; the clerk should certlfy that they are members of such board. ~mi~nformal supplementary report may be furnished sho~lng reasons for zoning changes. 10. By-laws must be published after approval by the Attorney General, as provided in G.L. chapter 40, section 32. By-laws should be submitted to the Attorney General promptly after vote of the Town; in any case, not later than one year' after such vote. 'O~SERVATIO~S Firs.~. G.L. (Ter. Ed.) chapter 39, section 10: " .... The warrant for all town meetings shall state the time and place of holding the meeting and the subjects to be acted upon thereat .... In this connection your attention is called to the language of the Cotu't in the case of Fish v. Canton, 322 Mass. 219, at p. 223, in which the Supreme Court invalidated an attempted amendment to the zoning by-law of the town because the action taken was not within the scope of the article. The Court used the following language: " .... Furthermore, article 28 in the warrant did not sufficiently apprise the voters of the subject matter of the vote finally taken. It did not 'indicate with substantial certainty the nattu-e of the business to be acted on .... '" Second. G.L. (Ter. Ed.) chapter 39, section 15: "....If a two thirds vote of a town meeting is required by statute, the count shall be taken, and the vote shall be recorded in the records by the clerk; but if the vote is unanimous, a count need not be taken, and the clefk shall record~the vote as unanimous." Th~-e may be some doubt of the legal propriety of a record stating that a zoning amendment was voted by" .... more than a two thirds vote .... "or its equivalent. Third. G.L. (Ter. Ed.) chapter 40A, section 6 provides: "Zoning ordinances or by-laws may be adopted and from time to time be changed by amendment, addition or repeal, but only in the manner hereinafter provided. No zoning o~dinance or by-law...shall be adopted until after the planning board...has hald a public hearing th-~on after due notice given and has submitted a final report with recommendations to the...town meeting, or until twenty days shall have elapsed after such hearing without the - 2- Fourth. It should be borne in mind that no by-law becomes effective until after approval by this office an~ publication as provided by G.L. (Ter. Ed.) chapter ko, section 32, reading in part as follows: "Before a by-law takes effect it shall be approved by the attorney general or ninety days shall have elapsed without actiou by the attorney general after the clerk of the towu iu which a by-law has been adopted has submitted to the attor- ney general a certified copy of such by-law with a request for its approval, together with adequate proof that all of the procedural requirements for the adoption of such by-law have been complied with .... " -3- June 19, 1962 Mr. John J. Lyons Town Clerk North Andover, Mass. Dear Mr. Lyons: The zoning by-law amendment adopted at the May 14, 1962 Special Town Meeting of the Town of North Andover is before this office for consideration. Before action can~be, taken by the Attorney General thereon, we will need the follq~ing supplementary material, attested or certified and under~ seal of the town: 1. A second copy of the by-law adopted and a second copy of the zoning map showing the change made by the amend- ment, so that one copy of each may be returned to the town with the Attorney Generalls action noted thereon, and the other retained in our files. 2. A copy of the notice of the Planning Board Hearing with dates of publication of said notice, showing compliance with G. L. (Ter. Ed.) c. 40A, § 6. 3. I am returning herewith the copy of the Planning Board report, to be signed by the Planning Board. After they have signed, kindly certify that they are members of such Board, I am also enclosing for y~r convenience an outline of necessary papers to be furnished to the Attorney General when by-laws are submitted for his approval, in which I have checked the paragraphs relating to the ma~ters referred to above. Thanking yon'for your assistance, I remain Very truly yours, VB:AMJ Eries. VICTOR BROGNA Assistant to the Attorney General please fftnd the ffollowing suppiemental-y material en°lOSed. 1. Copies of the zoning by-law adopted tQgetheP with. a aopy of the ZminE b~-l~ws show~ where new seotion ~,~$will be inse~ted, the zon~g ~ ~ow~ lOeatl~ ~ said se~ti~ with a oopy of the la,st t~ ~p also sh~t~ locati~. 2. Copy of notice of Planning Board heaping sent to local newspaper and copy of newspaper olipping, ~opy of ~lanning Boar~ report, signed byall members of the Board and certified that they a~e members'of, the Board. Thank you ver~y mueh for ~'otu' kindnesses and coope ration, much appreolated. Sincerely, TOWN OF NORTH ANDOVER ]~XASiACHUSETTS The. ffollow~ng pet~t~c~ was heard at a ~eet~ of ~ F~ on ~ednesda7 evening, April ~5, l~g~ at the Team Off~s ~embers p~eaent and voting weber James ~. ~man, Ohall~an~ J. Burke, ~eeretal~y; ~oward L. ~IXeem, George Fa~'le~ and Chepul~s, Nazaix~ ~la~d Per,tic, ed to amend the North A~do~ and t~ Z~ ~p of ~e T~ b~ ~ ~ Z~ ~ Vitae ~s~t~l~ Z~e a ~rcol of 1~ ~f ~asac~tt~ Av~ue ~n t~ area between W~e~ S~et, Wo~ ~ ~t~ Att~ene2 ~ohn ~. gillie ~el~e sen ted ~he ~CICi~. ~e~ ~ a~o~m~12 flf~ (15) ~ople ~nt. ~e~e ~a no o~sitl~ to ~ ~tttl~. ~ ~d voted as follows: ~. F~le~ ~do a motim to AP~O~ t~ ~titi~ ~d ~e ~ ~o~d ~ ~tl~, ~ vo~ was ~~e The Boa~d approved this petiti~ because it believes that t~ of this a~ea is for the general good of the Te~a of Nex~h A~ow~. It ~8 not detrimental ~o the health, safety and general welfare of the neighborhood. very t ul7 House f~ C~ ResXdenti~ Zo~ ~ Vi~ Reoldont~ ~ ~ foll~g deso~i~ ~eel of 1~ ~ssaehusetta f~v~e at a diet~ae ~ 2~ feet ~ ~ leas, S~the~12 f~ ~e ~ter~o~l~ of ~s~ohu~tto A~ue ~ Woodstoek S~eet a~ at ~e ~n~ ~nus of t~ n~ exlsti~ Village ~esid~tlal Z~e, ~nce ~l~ ~ a Wes~Fl~ direotl~ of said Vil~e ResXd~tX~ Z~e ~ feet to a pO~J ~noo ~n~g In a Sout~12 d~eti~ still b~ ~e afo~tio~d_ Zone ~ feet to a point~ ~ aga~ Wes~rly by said Z~e ~.~ feet to a ~t on t~ ~aa~ly l~ne ~ Wo~ ~ej ~noo t~ '~ood ~e 672 feet to a point~ ~ence ~n~ ~ ~ ~ a }i'~as~Fty di~cti~ ~ feet to t~ oen~ l~e of M~n A~n~ ~enoe ~n[~ ~d ~n~ in a Eaa~P12 direoti~ b2 the cen~r 1I~ of l~rt~ i~ue to ~ oen~r l~e of ~o~ Avenuej ~nce t~i~ and ~ ~ a ~r~l~ d~eoti~ ~ ~e c~r l~e ~ ~o~ Avenue to a ~t ~ ~e Normal2 l~e of ~aeon ~venue~ ~hence tu~ning ~ Ave~; ~nce ~ ~d ~ ~ a ~oP~o~l~ dl~eo~on by t~ wes~ly l~e of Mas~c~setts Avo~o po~ of beglnn~ge Under ~e aforesaid ~tioe It was V~ ~t ~ Z~g By-~w and ~ Z~X~ Map of ~e T~ be ~nded by lnse~t~, section ~.~, ~e follow~ new S~:C~ON ~.~6 Start~g a~ a ~t ~ Masters,ts Aven~ a~ a dts~:,ee of 2~O feet mo~ or less, S~rly ~ ~e inte~seo- ~ion of Masaachu~t~o A~e ~d Worst.ok p~nt ~nua of ~ now exiot~ thence ~t~ In a Westerly di~ti~ ~2 said Vill~e Reside- tt~l Z~e ~9~ feet to a ~j Hon. ~ay 16~ ~ feet ~o.~e ~g ~n Avenue to ~uo ~o ~ ~ in a ~alb~12 di~ot~ ~,8 feet to l~e ~ ~ ,~ J~ J, LYO~ T~N C~. TOWN OF NORTH ANDOVER IV[A S SACHUSETTS John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir: May 8, 1962 The following petition was heard at a meeting of the planning Board on Wednesday evening, April 25, 1962 at the Town Office Building. Members present and voting were: James M. Barman, Chairman; Robert J. Burke, Secretary$ Howard L. Gilman, George Farley and William Chepulis, Jr. Nazaire Giard petitioned to amend the North And over Zoning By-Law and the Zoning Nap of the Town by changing from Country Residential Zone to Village Residential Zone a parcel of land off Massachusetts Avenue in the area between Woodstock St., Wood Lane, Martin Avenue and Bacon Avenue. Atty. John J. Willis represented the petitioner. Ther~ were ap~oximately 15 people present. There was no opposition to the petition. The Beard voted as follows: Mr. Farley made a motion to APPROVE the petition and Mr. Burke seconded the motion. The vote was unanimous. The Board approved this petition because it believes that the re-zoning of this area is for the general good of the Town of North Andover. It is not detrimental to the health, safety and general welfare of the neighborhood. A true copy: Very truly yours, PLANNING BOARD. ~' .y JAMES M. BANNAN, CHAIRMAN. ATTEST: /~~~':: _ ~::2 ~/ ToWn ~lerk.~./ Five copies ~as this sampler"posted im each o'f the four voting precincts of the Town (25 in all) on Friday July 13, 1962. WILLIAM J. IA ~ AB,.~ICLK 7-- To see if the To~ will vote to amend ~he Nortfn,. A~dove~ ~ ~hw ~d ~e Z~ ~p of ~e To~ f~o~ Cb~ .Res~dontl~.~ne to Village ~eiden~i~ Zone f olLew~g deacribed ~roel of 1~ 8t~t~8 at a pola~ o~, ~.ssachuao~ta Awoke at a dl~e of 250 feet ~re ~cutherly fr~ ~e ~teroeo~/~ of Mam~ao~o~ Avenue w~..~stock 3~eet a~ at b ~emen~ ~num cf the of silo Vlllap Ref%d~ti~ Z~ ~ feet to a .po~ the~ r.~nXx~ ina Southerly dlreottOn etlll b~ the aforemantlc.aed Zcne .45 feat ~o a potntl thenOe agaln leete~l~ by eat.' ~eet to a point em tA, ~amteFly line of Iood Lane; then~.e -~ ,-' ,*-- and ~unnln~ in a .Southeasterl? d~eetiou by .the 1909 layout Wood I~an, 672 '£e~t to I pO~t~ ~oe ~ a~ ~.r.~g :~'~euue~ thenoe ~ux~tns and runnln~ ~n a lheterl! d~reot:.cr, r? ,;he oenter line of Mfcetin'.Avom~e to. the oente~ llne ,~ff B&~.,~n dt&t~nce of 2~0 fee~ ~ ~. lo.s, Seu~e~l~ ~,~esen~. ~s o~ '~ new e~ft~ v~ll~e .Reoident~a~ · :',~,~e ~~ ~ a Wes~e~:~d~ct~ by said :~..il Z~':o 12~ feet to a ~t:,~ thence ~~ TOWN OF NORTH ANDOVER '. ~r~c.e ~g~l~ we~rl~ ~y said ~cr,~ ~0.~ feet ,, .... ;',~;~; t~ &n Xasterl~ direction ~7 ~-~ center ., .,. e 'to a p,~t ~n t~e. ~ortherly l~e of Bacon A~nu~:: ::' ::6 ~d r~ Ina Nor. thea~terl~ dlree~lcu '".,'~ -?ute was AFFlqtMATIVB ., · ,, "-.~.eseary quor~ for I special Sown ~eeting ~ss presen~ fOHN Jo L¥O2m TOWN / c/, · .Boston, Bani., ~ull 129 1962 ~he foregoing amendment to sor~ng B2-1awe TOWN OF NORTH ANDOVER JoHN J. LYONS, Town Clerk Honorable Edward J. McCormack, Jr. Attorney General of The Commonwealth State House Boston, M~ss. Dear Sir: May 16, 1962 TOWN ]~UILD]NG i~OI~TH ANDOVER, At the Special Town Meeting held in the Veterans' Auditorium of our North Andover High School on Monday evening, May ll~, 1962 at 7:50 P.M., the following article appeared in the ,warrant: ARTICLE 7. To see if the Town will vote to amend the North Andover Zoning by-Law and the Zoning Map of the Town by changing from Country Residential Zone to Village Residential Zone the foll~wing described parcel of land: Starting at a point on Massachusetts Avenue at a distance of 250 feet more or less, Southerly from the intersection of Massachusetts Avenue and Woodstock Street and at the present terminus of the now existing Village Residential Zone, thence running in a Westerly direction of said Village Residential Zone 1295 feet to a point; thence runni~, g in a ~outherly direction still by the aforementioned Zone 45 feet to a point; thence again Westerly by said Zone 60.5 feet to a point on the Easterly line of Wood Lane; thence turning and runnin~ in a Southeasterly. direction by the 1909 layout of Wood Lane 672 feet to a point, thence turning and rttuning in a Northeasterly direction 590 feet to the center line of Martin Avenue; thence turning and running in a Easterly direction by the center line of Martin Avenue to the center line of Bacon Avenue; thence turning and running in a Northerly direction by the center line of Bacon Avenue to a point in the Northerly line of Bacon Avenue; thence turning and running in a Northeasterly direction 525.8 to a point in the Westerly line of Massachusetts Avenue; thence turning and runz~tug ~n a Northwesterly dlr~ectton by the Westerly line of Massachusetts Avenue 277.4 feet toe,the point of beginnLug. ,~ Under the aforesaid artice it was VOTED that the Zoning By-Law and the Zoning Map of the Town be amended by inserting, after section 5.55, the following new section: SECTION 5.56 Starting at a point on Massachusetts Avenue at a distance of 250 feet more or less, Southerly from the intersec- tion of Massachusetts Avenue and Woodstock Street and at the present terminus of the now existing Village Residential Zone, thence running in a Westerly direction by said Village Residen tial Z~ne 1295 feet to a point; thence running in a Southerly TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk I~LEGTION D ~pAt/~I~T TOWN' BUILDING- I~OI~R ~DOVER, MASS. Hon. Edward J. McCormnok, Jr. May 16, 1962 direction still by the aforementioned zone 45 feet to a point; thence again westerly by said zone 60.5 feet to a point on the easterly line of Wood Lane; thence turning and ~xnntng in a Southeasterly direction by the 1909 layout of Wood Lane 672 feet to a point; thence turning and running in a Northeasterly direction 390 feet to the center line of Martin Avenue; thence turning and cunning in an Easterly direction by the center line of Martin Avenue to the center line of Bacon Avenue; thence turning and running in a Northerly direction by the center line of Bacon Avenue to a point in the Northerly line of Bacon Avenue; thence turning and running in a Northeasterly direction 325.8 feet to a point in the Westerly line of Massachusetts Avenue; thence turning and running in'a Northwesterly direction by the Westerly line of Massachusetts Avenue 277.4 feet to the point of beginning. The vote was AFFIRMATIVE 1)!l!. ~GATIVE 21. Two hundred and nineteen (219) registered voters were present. The necessary quorum for a special town meeting was present. Boston, Mass., ~uly, 12, 1962 The foregoing amendment to zoning OFFICERS RETURN I have notified and warned the inhabitants of the Town of North Andover who are qualified to vote in Town Elections and in Town affairs by posting true and attested copies of this Zoning By-Law Article 7 of the Special Town Meeting of May 14,~ 1~62 ~.kn~.own as Section.3.56 of the Zoning By-Laws, at five or more publiczp~aces in each voting precinct of the Town. ~?~ ~ ~ ~ /J WZLL AM J. f CEZ/CON BLE NORTH ANDOVER, MASS. C/ North Andove. r, Mass. ~~~ July 17, 1962 ~TJOow~~~y~ ~ ATTE ST: North Andover, May 16, 1962 A true copy; - ATTEST: JOHN % LYQ TOVdN CLERK. Boston, Mass., July 12, 1962 The within zoning map is hereby approved "7''`torneyen re a'.Lf':" m _ ,i r d A _ I I \ WESTE2N ELECTRIC� y�/fCK 1 l qK � �E r ` C L \\ A,WIIENCE AIRPORT \ � �' �\ METMUEN14vQ VfmoD Al - �� W 41417 h P-004 "T. \ r vCN04 r�yE M44 f AE \ Q \ I 0. S1 a st 6 .�� 4• < PLEAS AN LAW I�LNq--,h E 1 T4107 4� 1 � 1 1 `Y 1L t.P ' •� \ ''I�,r OF THE TOWN OF ANDOVER 5po 0 oon z0oo 300 4000 2EV1SED JANUARY 1961 2ALPt4 S. C62ASSEu2 , C. E. 3{ WAMIt_TON AVE. LIAVE2uILL,;�aSS. a� � � T �V�fd—✓�'._' DOr JP —J-1 -r Cc,ng�arY 4D ' �" aY i ------ `� 44 -- -- !� FOREST a i' 111 S o-�v 7 .i e^efc i va 4{ i 4 � �F d`t lee I 1 9 y HA4WK CU r y p ® m m L � Jam,, • !� • F q N d 1 U ID / I I, T ��a MIDDLETON ► ARN AM �` Zuar' S PLS M 1 TO ZZ ,a ;1 �I N' VY' �I ncSM1STh�. _ m'11 0 A` Sj0 o- I HAROLD PA0.KER STATE FOREST I I 1 i 1 -tel L -------------- N ---- ' N D 0 IE